Education Act 1997

Part IE+W Assisted places scheme

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IIU.K. School discipline

Responsibility for disciplineU.K.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Power to restrain pupilsU.K.

F44 Power of members of staff to restrain pupils.U.K.

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DetentionU.K.

F55 Detention outside school hours lawful despite absence of parental consent.U.K.

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Exclusion of pupils from schoolU.K.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

LEA plansU.K.

F99LEA plans relating to children with behavioural difficulties.U.K.

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Part IIIU.K. School admissions

Chapter IU.K. County and voluntary schools

Partially-selective schoolsU.K.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Children permanently excluded from two or more schoolsE+W

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Chapter IIU.K. Grant-maintained schools

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IVU.K. Baseline assessments and pupils’ performance

F15Chapter IE+WBaseline assessments

F1515IntroductoryE+W

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F1516 Adoption of baseline assessment schemes.E+W

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F1517 Assessment of pupils in accordance with scheme.E+W

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F1518 Regulations for purposes of this Chapter.E+W

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Chapter IIU.K. Pupils’ performance

19 School performance targets.E+W

(1)The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—

(a)in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or

(b)in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2)Regulations under this section may require—

(a)such targets, and

(b)the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

[F16(3)In this section “maintained school” means—

(a)a community, foundation or voluntary school, or

(b)a community or foundation special school (other than one established in a hospital).]

20 Provision of information about individual pupils’ performance.E+W

After section 537 of the M1Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils’ performance.

(1)The Secretary of State may by regulations make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a [F17local authority], or

(ii)a grant-maintained school, or

(iii)a special school which is not maintained by a [F17local authority], and

(b)the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2)In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a)in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b)in any prescribed public examination;

(c)in connection with the attainment of any vocational qualification; or

(d)in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3)The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a)to any prescribed body or person, or

(b)to any body or person falling within a prescribed category.

(4)Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a)may provide any information received by it under this subsection—

(i)to the Secretary of State, or

(ii)to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b)may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5)Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a)in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b)in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6)No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7)References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.”

Part VU.K. Supervision of curriculum for schools and external qualifications

Chapter IE+W+N.I. The Qualifications and Curriculum Authority

Establishment of the AuthorityE+W+N.I.

F1821 The Qualifications and Curriculum Authority.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the AuthorityE+W+N.I.

F1822 General function of Authority to advance education and training.E+W+N.I.

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F1823 Functions of the Authority in relation to curriculum and assessment.E+W

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F1824 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

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F1825 Other functions of the Authority.E+W

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F1826 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

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F1826A Power of Authority to give directionsE+W+N.I.

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Chapter IIU.K. [F19Functions of the National Assembly for Wales]

F20...E+W

F2127 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of the [F22National Assembly for Wales] E+W

28 General function of [F23National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F24National Assembly for Wales] by this Part shall be exercised by [F25the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F26The National Assembly for Wales] shall exercise [F27its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F28it has] functions under this Part.

29 Functions of the [F29National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F30The National Assembly for Wales] shall have the functions set out in subsection (2) [F31 with respect to—

(a)pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in Wales, and

(c)children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F32maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F35. . .

(f)F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36(2A)In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided asmentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F37under compulsory school age.]

(4)The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)any other function which may be conferred on the Authority by the Secretary of State.

[F38(5)In this section—

• “assessment” includes examination and test;

• “funded nursery education” has the meaning given by section 98 of the Education Act 2002;

• “maintained school” means—

  (a)

  any community, foundation or voluntary school, and

  (b)

  any community or foundation special school.

(6)In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community or foundation special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.]

30 Functions of the [F39National Assembly for Wales] in relation to [F40relevant] qualificationsE+W

[F41(1)This section applies for the purposes of the following functions—

(a)to keep under review all aspects of relevant qualifications;

(b)to provide support and advice to any person providing courses leading to relevant qualifications with a view to establishing and maintaining high standards in the provision of such courses;

(c)to publish and disseminate, and assist in the publication and dissemination of, information relating to relevant qualifications;

(d)to develop and publish criteria for the recognition of any person who awards or authenticates a relevant qualification;

(e)to recognise in respect of the award or authentication of a specified relevant qualification or description of relevant qualification, any person who meets such criteria and applies to be so recognised;

(f)to determine that a specified relevant qualification or description of relevant qualification is to be subject to a requirement of accreditation;

(g)in respect of relevant qualifications which are subject to that requirement, to develop and publish criteria for the accreditation of particular forms of any such qualifications;

(h)where a relevant qualification is subject to that requirement, to accredit a particular form of the qualification which meets such criteria and is submitted for accreditation by a person recognised under paragraph (e) in respect of the qualification;

(i)to publish and disseminate, and assist in the publication and dissemination of, information relating to persons recognised under paragraph (e);

(j)to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining relevant qualifications and which fall within a prescribed description.]

[F42(1A)In subsection [F43(1)(g)]— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph [F44(h)] of that subsection is to be construed accordingly.]

[F45(1B)The functions set out in subsection (1) are exercisable solely by the Welsh Ministers.]

F46(1C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(1D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F49(3)The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—

(a)if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(b)if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.]

F50(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F51(5)In this Chapter “relevant qualification” means an academic or vocational qualification awarded or authenticated in Wales other than an excluded qualification.

(5A)An excluded qualification is any of the following—

(a)a foundation degree;

(b)a first degree;

(c)a degree at a higher level.

(5B)For the purposes of subsection (5) a qualification is awarded or authenticated in Wales if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in Wales.

(5C)In this section and sections 32 to 32C a reference to the award or authentication of a qualification includes a reference to—

(a)the award or authentication of credits in respect of components of a qualification, and

(b)the award or authentication of a qualification by a person either alone or jointly with others.]

F52(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5331 Other functions of the Authority.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 Supplementary provisions relating to discharge by [F54the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F55its functions] under this Part [F56the National Assembly for Wales] shall—

F57(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F59section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the [F60reasonable] requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

[F61(iii)the reasonable requirements of persons with learning difficulties.]

(2)In carrying out those functions [F62the National Assembly for Wales] shall in addition have regard to information supplied [F63to it] by [F64Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of [F65its functions] under this Part [F66the Assembly [F67recognises any person or] accredits] F68... any qualification, [F69it may] do so on such terms (including terms as to payment) F68... as [F69it may] determine.

[F70(3A)Where in carrying out those functions [F71the National Assembly for Wales [F72recognises any person or] accredits] any qualification, [F73it may], at the time of [F74recognition or of] accreditation or later, impose such conditions on [F75recognition or] accreditation or continued [F76recognition or] accreditation as [F73it may] determine.]

(4)Those conditions may in particular include conditions—

[F77(a)limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question;] and

[F78(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F79the National Assembly for Wales] —

(i)to satisfy [F80itself] that the appropriate standards are being [F81maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question], or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

F82(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F83(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84(6)In this section “persons with learning difficulties” means—

(a)children with special educational needs (as defined in section 312 of the Education Act 1996), and

(b)other persons who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.]

[F8532ZAQualifications functions of Welsh Ministers: co-operation and joint working etc.E+W

(1)The Welsh Ministers may co-operate or work jointly with a relevant authority where it is appropriate to do so in connection with the carrying out of any of their qualifications functions.

(2)The Welsh Ministers may provide information to a relevant authority for the purpose of enabling or facilitating the carrying out of a relevant function of the authority.

(3)Subject to subsection (4), the Welsh Ministers and any other relevant authority may establish a committee jointly, and any committee so established may establish sub-committees.

(4)The Welsh Ministers may only exercise the power in subsection (3) if they consider it appropriate to do so for the purpose of the carrying out of any of their qualifications functions.

(5)In this section a committee established under subsection (3) is referred to as a “joint committee” and a sub-committee established under that subsection is referred to as a “joint sub-committee”.

(6)A joint committee and a joint sub-committee must include at least one member of staff of the Welsh Assembly Government.

(7)A joint committee may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of any sub-committee established by it.

(8)The validity of proceedings of a joint committee or a joint sub-committee is not affected by—

(a)a vacancy, or

(b)a defective appointment.

(9)The Welsh Ministers may delegate any of their qualifications functions to a joint committee to the extent and on the terms that they determine.

(10)A joint committee may delegate any of its functions to a sub-committee established by it to the extent and on the terms that the joint committee determines.

(11)The powers of a joint committee under subsection (10) are subject to the power of the Welsh Ministers and any other person with whom they established the joint committee to direct (acting jointly) what the committee may and may not do.

(12)Nothing in subsection (2)—

(a)affects any power to disclose information that exists apart from that subsection, or

(b)authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.

(13)In this section—

• “qualifications functions” means functions in connection with relevant qualifications;

• “relevant authority” means any person who carries out a function (whether or not in the United Kingdom) which is similar to any of the qualifications functions of the Welsh Ministers;

• “relevant function” means a function which is similar to any of the qualifications functions of the Welsh Ministers.]

[F8632A Power of Welsh Ministers to give directionsE+W

(1)If it appears to the Welsh Ministers—

(a)that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication by that person of [F87any qualification in respect of which that person is recognised by them or by the Office of Qualifications and Examinations Regulation], or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2)If it appears to the Welsh Ministers—

(a)that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(3)It shall be the duty of the recognised person to comply with any direction under this section.

(4)Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(5)In this section [F88and sections 32B and 32C] “recognised person” means a person recognised by the Welsh Ministers.

F89(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F9032BPower of Welsh Ministers to withdraw recognitionE+W

(1)Subsection (2) applies if a recognised person has failed to comply with any condition subject to which the recognition has effect.

(2)The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of a specified qualification or a specified description of qualification if it appears to them that the failure mentioned in subsection (1) prejudices or would be likely to prejudice—

(a)the proper award or authentication by the person of the qualification or a qualification of the description in question, or

(b)persons who might reasonably be expected to seek to obtain the qualification or a qualification of the description in question awarded or authenticated by the person.

(3)Subsection (4) applies if a recognised person who awards or authenticates a qualification accredited by the Welsh Ministers has failed to comply with any condition subject to which the accreditation has effect.

(4)The Welsh Ministers may withdraw recognition from the recognised person in respect of the qualification if it appears to them that the failure mentioned in subsection (3) prejudices or would be likely to prejudice—

(a)the proper award or authentication by the person of the qualification, or

(b)persons who might reasonably be expected to seek to obtain the qualification.

(5)Before withdrawing recognition from a recognised person in any respect the Welsh Ministers must give notice to the person of their intention to do so.

(6)The notice must—

(a)set out the Welsh Ministers' reasons for proposing to withdraw recognition from the recognised person in the respect in question, and

(b)specify the period during which, and the way in which, the recognised person may make representations about the proposal.

(7)The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to withdraw recognition from the person in the respect in question.

(8)If the Welsh Ministers decide to withdraw recognition from a recognised person they must give notice to the person of their decision and of the date on which the withdrawal is to take effect.

(9)At any time before a withdrawal takes effect the Welsh Ministers may vary the date on which it is to take effect by giving further notice to the recognised person.

(10)The Welsh Ministers must establish arrangements for the review, at the request of a recognised person, of a decision to withdraw recognition under this section.

(11)The arrangements established under subsection (10) may require or permit the decision on review to be made by a person other than the Welsh Ministers.

32CSurrender of recognitionE+W

(1)A recognised person may give notice to the Welsh Ministers that the person wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.

(2)As soon as reasonably practicable after receipt of a notice under subsection (1) the Welsh Ministers must give notice to the recognised person of the date on which the person is to cease to be recognised in the respect in question (“the surrender date”).

(3)At any time before the surrender date the Welsh Ministers may vary that date by giving further notice to the recognised person.

(4)In deciding or varying the surrender date the Welsh Ministers must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).]

Chapter IIIE+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodiesE+W

F9133 Dissolution of existing bodies.E+W

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Transfer of property and staffE+W+N.I.

F9234 Transfer of property.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 Transfer of staff.E+W+N.I.

(1)This section applies to any person who—

(a)is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and

(b)is designated as respects the Qualifications and Curriculum Authority F93... by order of the Secretary of State;

and in this section “the relevant Authority” means, in relation to any such person, [F94the Qualifications and Curriculum Authority][F95, known instead as the Qualifications and Curriculum Development Agency from the day on which section 175 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force].

(2)A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.

(3)Without prejudice to subsection (2)—

(a)all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and

(b)anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.

(4)Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).

(5)In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).

(6)An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.

(7)No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(8)Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.

(9)The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Levy on bodies awarding accredited qualificationsE+W+N.I.

F9636 Levy on bodies awarding qualifications accredited by relevant body.E+W+N.I.

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Chapter IVU.K. Control of certain courses leading to external qualifications

F9737 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIU.K. Inspection of [F98local authorities] and school inspections

Chapter IU.K. Inspection of [F98local authorities]

38 Inspection of [F98local authorities] .E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any [F17local authority] to be inspected under this section.

F99(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(2A)An inspection of a [F17local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F101(a)any education function of theirs;]

(b)the functions conferred on them under sections 25 and 26 [F102of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more [F98local authorities], and shall specify both—

(a)the [F17local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F103... Wales, or

(b)by any additional inspector authorised under F104... [F105paragraph 2 of Schedule 2 to [F106the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F17local authority] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F10741A] “the Chief Inspector” means—

F108(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F17local authority] in Wales, [F109Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

39 Reports of inspections under s. 38 and action plan by [F17local authority]E+W

(1)Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a)any [F17local authority] to which the inspection relates; and

(b)the Secretary of State.

(2)Where a [F17local authority] receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3)The authority shall publish—

(a)the report, and

(b)the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4)The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate [F110; and F111[F112... section 29(2) to (4) of [F113 the Education Act 2005 ]] shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F114[F115... section 29(2)] .]

[F11640 Inspector’s rights of entry etc.E+W

(1)This section applies where a [F17local authority] are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the [F17local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the [F17local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)[F117Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the [F17local authority] and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 education” means education provided to a child by virtue of arrangements made by the [F17local authority] under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

F11841 Inspections involving collaboration of Audit Commission.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11941AInspections involving collaboration of Auditor General for WalesU.K.

(1)If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a [F17local authority] in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2)Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3)Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4)Those categories are—

(a)the Auditor General for Wales and any authorised person; and

(b)the inspector and any person assisting him.

(5)Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6)The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

(7)In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.]

Chapter IIU.K. School Inspections

F12042 Miscellaneous amendments relating to school inspections.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIIU.K. Careers education and guidance

43 Provision of careers education in schools.E+W

(1)All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2)This section applies to—

[F121(a)community, foundation and voluntary schools;]

F122(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F123(c)community or foundation special schools (other than those established in hospitals);]

(d)city technology colleges [F124, city colleges for the technology of the arts and [F125Academies]]; and

(e)pupil referral units.

[F126(2A)Subsection (2B) applies where, in the course of a programme of careers education provided, in pursuance of subsection (1), to registered pupils at a school in England falling within subsection (2)(a), (c) or (e), information or advice is given which—

(a)relates to any options available in respect of 16-18 education or training, or otherwise relates to the pursuit of particular careers (at any age), or

(b)relates to decisions or other steps to be taken in connection with any such options or careers.

(2B)Any such information must be presented in an impartial manner, and—

(a)any such advice must be advice which the person giving it considers will promote the best interests of the pupils concerned, and

(b)accordingly, in giving the advice, that person must not seek to promote, contrary to the pupils' best interests, the interests or aspirations of the school or of other persons or institutions.]

(3)It is the duty of each of the following to secure that subsection (1) [F127 (and, where applicable, subsection (2B)) ] is complied with, namely—

(a)in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

(b)in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and

(c)in the case of a pupil referral unit, the [F17local authority] maintaining the unit and the teacher in charge of it.

(4)Each of sections 496 and 497 of the M2Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(5)For the purposes of this section the relevant phase of a pupil’s education is the period—

(a)beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b)ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6)In this section—

• “career” includes the undertaking of any training, employment or occupation or any course of education;

• “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

• “class”, in relation to a particular pupil, means—

  (a)

  the teaching group in which he is regularly taught, or

  (b)

  if he is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit.

• [F128“16-18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

• “training”, in connection with registered pupils at schools in England, includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still such a pupil).]

44 Schools and other institutions to co-operate with careers advisers.E+W

(1)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a)the name and address of every relevant pupil or student at the institution; and

(b)any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2)If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3)Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a)(where he is under [F129the age of 16]) a parent of his, or

(b)(where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a)on the institution’s premises, and

(b)at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5)Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a)to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b)to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7)Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector.

(9)It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10)For the purposes of this section—

(a)a pupil at a school is a relevant pupil—

(i)at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii)if he is over compulsory school age and receiving secondary education; and

(b)a person is a relevant student at an institution within the further education sector if he is receiving at the institution either—

(i)full-time education, or

(ii)part-time education of a description commonly undergone by persons in order to fit them for employment.

(11)For the purposes of this section—

(a)“careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the M3Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b)a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12)In this section “career” has the same meaning as in section 43.

45 Provision of careers information at schools and other institutions.E+W

(1)Persons attending an educational institution to which this section applies must be provided with access to both—

(a)guidance materials, and

(b)a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector

[F130and, in the case of any such school in England, the reference in subsection (1) to persons attending it is a reference to persons who are registered pupils there.]

[F131(2A)Subsection (2B) applies where registered pupils at a school in England falling within section 43(2)(a) or (c) are provided, in pursuance of subsection (1), with access to materials of the kinds mentioned in that subsection.

(2B)The materials, taken as a whole, must present the pupils with (so far as relevant to them) a full range of—

(a)options available in respect of 16-18 education or training, and

(b)other options available to them (at any age) in terms of career opportunities,

and must not unduly promote any particular options over any others.]

(3)It is the duty of each of the following to secure that subsection (1) [F132(and, where applicable, subsection (2B))] is complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(4)The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the M4Employment and Training Act 1973.

(5)In this section “career” [F133“careers education” and “16-18 education or training”] have the same meaning as in section 43.

(6)Nothing in this section applies to any primary school.

[F13445AGuidance as to discharge of dutiesU.K.

(1)The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

(2)A “relevant duty” means a duty under any of sections 43(3), 44(9) and 45(3).]

[F13545BProvision of curriculum informationE+W

(1)Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.

(2)A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.

(3)A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.

(4)A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.

(5)A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).

(6)The persons referred to in subsection (1) are—

(a)the governing body and head teacher of a school in Wales falling within section 43(2)(a); and

(b)the governing body and principal of an institution within the further education sector in Wales.

(7)In this section—

• “curriculum information” means—

  (a)

  in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school during the relevant phase of their education; and

  (b)

  in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;

• “pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;

• “relevant phase” has the same meaning as in section 43(5);

• “service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and

• “student” means, in relation to an institution within the further education sector, a person receiving education at the institution.]

46 Extension or modification of provisions of ss. 43 to 45.E+W

(1)The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2)The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

(3)The Secretary of State may by regulations make provision for requiring—

(a)the governing bodies of institutions within the further education sector, and

(b)the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4)The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).

(5)In this section—

• “careers education” has the same meaning as in section 43;

• “specified” means specified in the regulations in question.

Part VIIIU.K. Miscellaneous and general

Exceptional educational provisionU.K.

47 Functions of [F98local authorities] as regards exceptional educational provision.E+W

(1)Section 19 of the M5Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

(2)In subsection (1) (duty of [F17local authority] to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.

(3)In subsection (4) (power of [F17local authority] to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.

(4)After that subsection there shall be inserted—

“(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [F17local authority] shall have regard to any guidance given from time to time by the Secretary of State.”

Management committees for pupil referral unitsU.K.

48 Management committees for pupil referral units.E+W

At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—

15(1)Regulations may make provision—

(a)for requiring any [F17local authority] who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b)for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2)Regulations under this paragraph may in particular make provision—

(a)for enabling a [F17local authority] to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b)for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c)as to the composition of a management committee established under the regulations and—

(i)the appointment and removal of its members, and

(ii)their terms of office,

and in particular for requiring such a committee to include persons representing schools (including grant-maintained schools) situated in the area from which the unit or units in question may be expected to draw pupils;

(d)for requiring or (as the case may be) prohibiting the delegation by a [F17local authority] to a management committee of such functions in connection with pupil referral units as are specified in the regulations;

(e)for authorising a management committee to establish sub-committees;

(f)for enabling (subject to any provisions of the regulations) a [F17local authority] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g)for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h)for applying to any such committee or sub-committee, with or without modification—

(i)any provision of the Education Acts, or

(ii)any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.”

Teachers not under contract of employment and persons having access to those under 19U.K.

F13649 Power to make regulations: teachers not under contract of employment and persons having access to those under 19.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Costs of teachers’ premature retirementU.K.

F13750. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Definition of “school”U.K.

51 Definition of “school”.E+W

In section 4 of the Education Act 1996 (definition of “school”), for subsection (1) there shall be substituted—

“(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.”

Compulsory school ageU.K.

52 Commencement of compulsory school age.E+W

(1)Section 8 of the M6Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

(2)For subsection (2) there shall be substituted—

“(2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.”

(3)For subsection (4) there shall be substituted—

“(4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.”

F138(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F138(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisionsE+W+N.I.

53 Stamp duty.E+W+N.I.

(1)Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.

(2)No instrument (other than a statutory instrument) made or executed in pursuance of either of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M7Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M8Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

[F13953A.Stamp duty land taxE+W+N.I.

(1)For the purposes of stamp duty land tax, a land transaction effected by virtue of section 30 is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this paragraph—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

54 Orders and regulations.E+W+N.I.

(1)Any power of the Secretary of State to make orders or regulations under this ActF140... shall be exercised by statutory instrument.

(2)A statutory instrument containing any order or regulations under this Act, except an order under section 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(4)Without prejudice to the generality of subsection (3), any order or regulations under this Act may make in relation to Wales provision different from that made in relation to England.

55 Financial provisions.E+W

There shall be paid out of money provided by Parliament—

(a)any sums required for the payment by the Secretary of State of grants under this Act;

(b)any administrative expenses incurred by the Secretary of State in consequence of this Act; and

(c)any increase attributable to this Act in the sums so payable under any other Act.

56 Construction.E+W

(1)In this Act—

• “prescribed” means prescribed by regulations; and

• “regulations” means regulations made by the Secretary of State under this Act.

(2)This Act shall be construed as one with the M9Education Act 1996.

(3)Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

57 Minor and consequential amendments, repeals etc.E+W

(1)The minor and consequential amendments set out in Schedule 7 shall have effect.

F141(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F142(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The enactments specified in Schedule 8 are repealed to the extent specified.

58 Short title, commencement and extent etc.E+W+N.I.

(1)This Act may be cited as the Education Act 1997.

(2)This Act shall be included in the list of Education Acts set out in section 578 of the M10Education Act 1996.

(3)Subject to subsection (4), this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4)The following provisions come into force on the day on which this Act is passed—

• F143. . .

• section 54,

• paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and

• this section.

(5)Subject to subsections (6) and (7), this Act extends to England and Wales only.

(6)The following provisions extend to Northern Ireland—

• F144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• sections [F14735],

• section 53,

• section 54,

• this section,

• F148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.